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DOT/FRA RIN: 2130-AC14 Publication ID: Fall 2023 
Title: Emergency Escape Breathing Apparatus 

Section 413 of the Rail Safety Improvement Act of 2008 (RSIA) requires the Secretary to prescribe regulations requiring railroads to provide an emergency escape breathing apparatus (EEBA), and training in its use, for all crew members in locomotive cabs on freight trains carrying poison-inhalation-hazard hazardous material and provide training in its use. In addition, the National Transportation Safety Board (NTSB) issued Safety Recommendation R-05-17 which recommended that FRA determine the most effective methods of providing EEBA for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of unintentional release, and then require railroads to provide those EEBAs, and training in their use, to their crewmembers. On October 5, 2010, FRA published an NPRM proposing to require railroads to implement the EEBA requirements of the RSIA. Based on the cost-benefit analysis in the NPRM, and the comments received in response to the NPRM, FRA issued a guidance document rather than a final rule. The railroads could use the guidance document to develop EEBA programs to protect railroad employees involved in transporting hazardous materials posing an inhalation hazard. However, NTSB did not find that the guidance document satisfied its recommendation, and the statutory mandate still remains. Given the open statutory mandate and the passage of time since the publication of the NPRM, FRA will issue a Supplemental Notice of Proposed Rulemaking to ensure it has the most up-to-date information concerning EEBAs.

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 229   
Legal Authority: Pub. L. 110-432, Div. A, 122 Stat. 4848 et seq.    Rail Safety Improvement Act of 2008    sec. 413 49 U.S.C. 20166   
Legal Deadline:
Action Source Description Date
Final  Statutory  Final Rule  04/16/2010 

Overall Description of Deadline: Rulemaking required by section 413 of the Rail Safety Improvement Act of 2008.

Action Date FR Cite
NPRM  10/05/2010  75 FR 61386   
NPRM Comment Period End  12/06/2010 
Second NPRM  03/22/2023  88 FR 17302   
Second NPRM Comment Period End  06/20/2023 
Final Action  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Amanda Maizel
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 493-8014